- (1.) Leave granted.
(2.) The appellant specifically raised a plea that on January 1, 1993 result of the examination conducted in December 1992 was declared and two candidates were duly declared to have been selected and appointed. Appellant is one of the candidates who claimed their right for consideration for selection as Road Inspector in the said examination. It is now an admitted fact that on July 16, 1993, 14 more candidates came to be appointed by promotion as Road Inspectors. When the appellant claimed relief by filing Writ Petition No.10306/93, the High Court dismissed the writ petition on February 10, 1994. After the notice was served, the respondents filed a counter-affidavit contending that subsequently 14 vacancies had arisen in the promotion quota and, therefore, they were duly declared to have been selected and appointed. With a view to satisfy ourselves about he correctness and legality of the action taken by the respondents, on September 11, 1995 we passed the following order; "Though in the counter affidavit it is stated that the result of the rest of the candidates were announced on July 16, 1993 for the reason that subsequent to the appointment of the two candidates on January 1, 1993 some vacancies reserved for promotion quota from Mastrys (sic) had arisen, no documentary evidence in support of the averment has been placed by the respondents. Learned counsel seeks for and is granted four weeks time for producing the record to justify whether the vacancies had arisen and if so, how many and on what basis the appointments by promotion came to be made".
(3.) No record has been produced. Ms. Nisha, learned counsel appearing for the State sought further opportunity to produce the file but we decline to grant further time since no explanation has been given as to under what circumstances the record has not been produced even till date. Under these circumstances, we are left with no option but to proceed with the matter on the basis of the material on record.;